The Legal Aid (Scotland) Act 1986 Amendment Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations modify the Legal Aid (Scotland) Act 1986 to provide the following:–

(a)section 4 is modified to allow the Scottish Legal Aid Board to pay into the Scottish Legal Aid Fund sums recovered from persons who have received financial or other assistance from a body of which they are a member, where they have also been in receipt of advice and assistance, civil legal aid or criminal legal aid under section 24 of the Legal Aid (Scotland) Act 1986; and

(b)section 15 is modified to implement Council Directive 2003/8/EC (O.J. No. L 26, 31.1.2003, p.41) as corrected by a corrigendum published on 7th February 2003 (O.J. No. L 32, 7.2.2003, p.15) which establishes common rules for legal aid in relation to cross border disputes. Section 15 is modified where it would otherwise be inconsistent with that Council Directive.